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The district attorney's office, or any other government agency, can ask the Attorney General of the state of Georgia to issue an opinion. The AG's office won't do this for private citizens, but they will do it for a government agent.
What you learned from the assistant DA is just his or her personal opinion. It doesn't mean the elected DA (the boss of the entire office) agrees with it or is willing to prosecute such a case.
But I don't think any district attorneys office or solicitors office would attempt to prosecute something which the Attorney General's office says --in an official opinion--is not a crime.
So, if we are confident of our interpretation of the law, maybe we should ask the DAs Office to have the AG weigh in on the matter.
What you learned from the assistant DA is just his or her personal opinion. It doesn't mean the elected DA (the boss of the entire office) agrees with it or is willing to prosecute such a case.
But I don't think any district attorneys office or solicitors office would attempt to prosecute something which the Attorney General's office says --in an official opinion--is not a crime.
So, if we are confident of our interpretation of the law, maybe we should ask the DAs Office to have the AG weigh in on the matter.